Alabama Attorney General Opinion 1979-0111

CioAC4k;i1-7TY CHARLES A. GRADDICK LEE L. HALE ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL STATE OF ALABAMA WILLIAM M. BESURS. JR. EXECUTIVE ASSISTANT 443 AOMINI IVE BUILDING 44 UNION MONTGOMERY. 44444 AREA (101).1114-51110 OFFICE OF THE ATTORNEY GENERAL IQ- Dom JANIE NOBLES ADMINISTRATIVE ASSISTANT MAR 27 1979 Mr. Dan Capps Tax Collector Henry County Box 66 Abbeville, Alabama 36310 Tax Collectors - Salary/ Compensation Tax Collector who begins new term of office on October 1, 1979, may be placed on salary, if act to that effect is passed before that date. Dear Mr. Capps: The Attorney General received your request for an opinion from this office concerning the compensation of the Tax Collector of Henry County. You posed the following question: I am the Tax Collector of Henry County, Alabama, I am on Commission. I ran for re-election on September 5th, 1978 and was elected. I was also elected in the General Election November 7, 1978. My nextterm will begin 1 October 1979. QUESTION: May I be placed on salary at the beginning of my next term if the proper Law is passed? Your question is to be answered in the affirmative. Sections 68 and 281 of the Constitution of Alabama 1901 as amended by Amendment 92 prohibits the salary, fees or compensation of a state, county or municipal officer from being increased or decreased during the term for which he was elected or appointed. WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL Mr. Dan Capps Page Two OR 27 1919 Act No. 1170, Acts of Alabama 1969, p. 2179 provided that the sheriffs of this state be compensated by salary in lieu of fees and commissions. In Hamilton v. Autauga County, 289 Ala. 419, 268 So.2d 30, the Supreme Court of Alabama ruled that Act No. 1170, supra did not violate the provisions of Section 281 and Amendment 92 prohibiting a change in the salary of an officer during his term but such provisions would not take place until the next succeeding term following the reclassification. The phrase "term of office for which one is elected or appointed" has been said to begin when the occupant is actually inducted in office and assumes the role of that office. Castree v. Slingerland, 248 NYS 746. It is the time designated by Constitution or statute for which the individual is to serve. State ex rel Henneford v. Yelle, 12 Wash. 2d 434, 121 P.2d 948. Therefore, your next term actually begins on October 1, 1979, in accordance with Code of Alabama 1975, Section 36-3-6 although you were re-elected to that position in November, 1978. It has been ruled that a prohibition in the change of compensation of an officer during his term of office applies strictly to the term of the officer and does not bar a change in compensation after his appointment or election or before he begins his term. Castree v. Slingerland, supra. Therefore, you, as Tax Collector of Henry County, may be placed on a salary basis when you begin your term on October 1, 1979, if a legislative act to this effect is enacted before that date. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- LY A F. KNIGHT Assistant Attorney General LFK/sg